Welcome court fee U-turn for mesothelioma cases
Mesothelioma sufferers will not be asked to spend their government pay-out on court fees if they bring a negligence claim, after Justice Secretary Michael Gove conceded defeat ahead of a judicial review.
Mesothelioma sufferers faced the prospect of paying up to £10,000 in court fees to bring a claim, after the government controversially hiked court fees for civil proceedings in March 2015. However, they can now apply for a fee remission without a statutory pay-out counting towards the “disposable capital” threshold.
Lawyers for the Asbestos Victims Support Groups Forum UK and mesothelioma sufferers Ian Doughty and Carole Sloper brought a legal challenge, arguing that mesothelioma sufferers, whose terminal lung condition is caused by exposure to asbestos, are typically of modest means—their illness makes them disabled within the terms of the Equality Act 2010.
As they will have received a lump sum award of about £15,000 under the Pneumoconiosis Etc Workers’ Compensation) Act, they will usually not qualify for the fee remissions scheme, which has a threshold of £16,000 in “disposable capital”. Their claim will be worth £150,000 to £300,000 so they would therefore need to pay up to £10,000 up front in order to bring a negligence claim.
Their lawyers argued that mesothelioma sufferers would be prevented from bringing a claim because they could not be expected to give up a large part of their disposable capital in the last months of their lives.
A judicial review hearing was scheduled for later this month. However, Gove agreed last week to exclude mesothelioma compensation awards from the definition of “disposable capital” and will now place an amending statutory instrument to that effect before Parliament.
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